What is considered a false statement in a defamation lawsuit?

In California, a false statement made in a defamation lawsuit is one that is untrue and offensive. If a statement is factually correct, it generally cannot be used as the basis of a defamation claim. The statement must also be considered to be false by a reasonable person. In order to determine if a statement is false, the courts will look at the statement’s context and whether it could be seen as reasonable by an average person. A statement does not need to be completely false from start to finish to be considered false in a defamation lawsuit. For example, if an individual were to suggest in a statement that another was guilty of a crime, but only part of the statement was true, that statement may still be considered false and damaging. Additionally, a statement can be considered false if it is an opinion that is based on a false fact. In these cases, the opinion must be seen as offensive and damaging to be considered false in a defamation lawsuit. The success of a defamation lawsuit in California relies heavily on whether or not the statement made is considered false by a reasonable person. If the courts determine that a statement is false, then the person making the statement may be found liable for defamation of character and often be ordered to pay damages.

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What is considered a false statement in a defamation lawsuit?

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